Court strikes down Guam's same-sex marriage ban

Loretta Pangelinan, front right, raises a miniature equal-rights flag as she and her partner, Kathleen Aguero, exits the District Court of Guam in Anigua today. The couple filed a lawsuit in April after they were denied the application for a marriage license at the Department of Public Health and Social Services.(Photo: Rick Cruz/PDN)

Guam's chief federal judge this morning struck down the local law that restricts marriage to opposite-sex couples.

A written opinion is expected Monday and the ruling will take effect on Tuesday.

In her ruling, Chief Judge Frances Tydingco-Gatewood said the laws denying marriage rights to same-sex couples were unconstitutional, citing a previous decision by the 9th Circuit Court of Appeals, which has jurisdiction over Guam.

The ruling came after about an hour and a half of arguments over whether Tydingco-Gatewood was obligated to act immediately in striking down local law.

Following her ruling, the courtroom erupted into applause for Loretta M. Pangelinan and Kathleen M. Aguero, the couple who filed the case.

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Kathleen Aguero, facing, embraces her partner, Loretta Pangelinan, on the steps of the U.S. District Court of Guam building in Anigua on June 5. The couple filed a lawsuit in April after they were denied the application for a marriage license at the Department of Public Health and Social Services, but on June 5, the couple won a ruling handed down by a federal judge, that declares a Guam law, that defines marriage as a union between couples of the opposite sex, to be unconstitutional.
Rick Cruz/Pacific Daily News/rmcruz@guampdn.com Rick Cruz/PDN

Loretta Pangelinan, front right, proudly raises a miniature equal rights flag into the air as she and her partner, Kathleen Aguero, exits the U.S. District Court of Guam building in Anigua on June 5. The couple filed a lawsuit in April after they were denied the application for a marriage license at the Department of Public Health and Social Services. On June 5, the same sex couple won a ruling handed down by a federal judge, that declares a Guam law, that defines marriage as a union between couples of the opposite sex, to be unconstitutional.
Rick Cruz/Pacific Daily News/rmcruz@guampdn.com Rick Cruz/PDN

Loretta Pangelinan, right, wipes tears of joy from her eyes as she and her partner, Kathleen Aguero, speak to reporters on the steps of the U.S. District Court of Guam building in Anigua on June 5. The couple filed a lawsuit in April after they were denied the application for a marriage license at the Department of Public Health and Social Services, but on June 5, the couple won a ruling handed down by a federal judge, that declares a Guam law, that defines marriage as a union between couples of the opposite sex, to be unconstitutional.
Rick Cruz/Pacific Daily News/rmcruz@guampdn.com Rick Cruz/PDN

Loretta Pangelinan, right, wipes tears of joy from her eyes as she and her partner, Kathleen Aguero, speak to reporters on the steps of the U.S. District Court of Guam building in Anigua on June 5. Rick Cruz/PDN

Loretta Pangelinan, front right, and her partner, Kathleen Aguero, smile and laugh as they, their legal team, family and supporters leave the U.S. District Court of Guam building in Anigua on June 5. Rick Cruz/PDN

Attorney Todd Thompson, right, speaks with his collegues, supporters and same-sex partners, Loretta Pangelinan and Kathleen Aguero, at the entrance of the U.S. District Court of Guam building in Anigua on June 5. Rick Cruz/PDN

Same-sex partners Loretta Pangelinan, back right, and Kathleen Aguero, share a laugh and celebrate with friends, family, and supporters in front of the U.S. District Court of Guam building in Anigua on June 5. Rick Cruz/PDN

Same-sex partners Loretta Pangelinan, front left, and Kathleen Aguero, pose for a photo with friends, family, and supporters in front of the U.S. District Court of Guam building in Anigua on June 5. Rick Cruz/PDN

Kathleen Aguero, front right, gets a congradulatory hug and kiss from her sister, Shamra Chargualaf, in front of the U.S. District Court of Guam building in Anigua on June 5.
Rick Cruz/Pacific Daily News/rmcruz@guampdn.com Rick Cruz/PDN

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Before making their way out, friends, family and supporters lined up in the gallery to offer hugs to the women.Pangelinan and Aguero filed the case in April after they were denied a marriage license application at the Department of Public Health and Social Services.

Their attorneys argued that the case had already been decided by the 9th Circuit in 2014 and, as a result, Guam had no choice but to follow suit.

After the hearing, the couple said their next move would be to apply for a marriage license as soon as they can on Tuesday, the day Tydingco-Gatewood's ruling takes effect.

"It's a battle we shouldn't have had to fight," Aguero said. "I mean, it's love and love must win, so we're just grateful."

They thanked their attorneys, Mitch Thompson, Todd Thompson and Bill Pesch for their work on the case.

"They've burned that midnight oil to help us, so we appreciate it," Aguero said.

Before the hearing, she had no idea which way the judge was going to rule, she said.

At the hearing, even the governor's attorneys acknowledged that the 9th Circuit had already decided the issue.

Mike Phillips, who represented Gov. Eddie Calvo in the case, said the case was "the one with the least dispute, least conflict.""All that's missing here ... is for this court to strike down Guam's local law," he said.

Phillips, during the hearing, said regardless of the outcome, Calvo would follow the ruling.

He summed up the governor's stance, saying that as long as the law remained in effect, he would enforce it, unless it was changed by the legislature or struck down by the court.

The governor was treating marriage law as any other law, he said.

Phillips added that there is a similar case pending before the U.S. Supreme Court, and noted that it's possible for that court to nullify the 9th Court's ruling, re-establishing states' ability to define marriage.

In fact, he said, had the Supreme Court not taken up the issue, it's likely the government would have just followed the 9th Circuit without dispute.

Tydingco-Gatewood, however, noted that she doesn't have any authority to wait on the Supreme Court. Instead, she said, it was the opposite: she's obligated to follow an order as soon as an it comes down from a higher court.

"I'm not supposed to sit here and speculate what the Supreme Court is going to decide," she said. Phillips said he wasn't disputing the merits of the plaintiffs' case or the controlling law.

"What they've chosen to present, it's very hard to disagree with," said Phillips.

Following a short break to consider the arguments, Tydingco-Gatewood came back to declare the law restricting marriage to opposite-sex couples unconstitutional.

A written order detailing the judge's decision is expected on Monday. Her order will come into effect the following day.

The order makes Guam the last jurisdiction in the 9th Circuit to have challenged a marriage ban and have it overturned.